It serves as a framework that simplifies future transactions, contracts, or agreements by establishing the ground rules in advance. As the parties embark on new projects or services, a Master Service Agreement eliminates the need to renegotiate the basics each time.
At its most basic, an MSA is a contract between two or more parties that establishes what terms and conditions will govern all current and future activities and responsibilities. MSAs are useful because they allow the parties to plan for the future while also speeding the ratification of future agreements.
It functions as a contract between two or more parties to guarantee that essential agreements are in place before any service commences. An MSA serves to minimize disagreements by providing an unmistakable description of what the parties can expect from one another.
An MSA generally contains the following elements: Scope of work: ensures that both parties understand what work will be delivered. Confidentiality: protects intellectual property and other proprietary information from being disclosed. Geography: defines where the work will be performed.
If you are a business that enters into multiple Master Service Agreements per year, it is to your advantage to work with a business lawyer to prepare your own Master Service Agreement template and related Statements of Work for consistency, risk mitigation and control purposes.
Because oilfield MSAs are unlike run-of-the-mill commercial contracts and have their own set of norms, businesses are best served utilizing an attorney who negotiates MSAs as a core part of his or her practice and who is up to speed on the current industry contracting standards.
Using an MSA streamlines the process and prevents you from having to re-negotiate standard terms for every new project. MSAs typically last for several years. During that time, you can execute multiple SOWs with the vendor without having to create new contracts. This saves tons of time and legal fees in the long run.